Terms and Conditions
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Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Duration and Termination of Subscription Contracts
7. Retention of Title
8. Liability for Defects (Warranty)
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution
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1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Inkanu LLC (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby objected to unless otherwise agreed.
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1.2 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or their independent professional activity.
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1.3 An entrepreneur in the sense of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
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1.4 The subject of the contract may be – depending on the product description of the Seller – both the one-time delivery of goods and the regular delivery of goods (hereinafter referred to as "Subscription Contract"). In the case of a Subscription Contract, the Seller undertakes to supply the Customer with the contractually owed goods for the duration of the agreed contractual period at the agreed time intervals.
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2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not represent binding offers from the Seller but serve for the submission of a binding offer by the Customer.
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2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
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2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after placing the order.
If several of the above alternatives exist, the contract is concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
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2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the application of PayPal's terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online order process, the Seller declares the acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the order process.
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2.5 When selecting the payment method "Amazon Payments", the payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), under the application of the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method in the online order process, they also issue a payment order to Amazon by clicking the button that concludes the order process. In this case, the Seller declares the acceptance of the Customer's offer at the time when the Customer triggers the payment transaction by clicking the button that concludes the order process.
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2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer after their order has been sent in text form (e.g., email, fax, or letter). The contract text is not made accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by providing the relevant login data.
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2.7 Before the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions until they click the button that concludes the order process.
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2.8 The German language is available for the conclusion of the contract.
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2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure, when using SPAM filters, that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
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3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
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3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.
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4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description of the Seller, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
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4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
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4.3 The payment options are communicated to the Customer in the Seller's online shop.
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4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.
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4.5 When selecting the payment method "SOFORT", the payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account that has been activated for participation in "SOFORT", legitimize themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterward by "SOFORT" and the Customer's bank account is debited. More information about the payment method "SOFORT" can be found on the internet at https://www.klarna.com/sofort/.
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4.6 When selecting a payment method offered via the payment service "Shopify Payments", the payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer may be separately pointed out. Further information about "Shopify Payments" can be found on the internet at https://www.shopify.com/legal/terms-payments-de.
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4.7 When selecting a payment method offered via the payment service "mollie", the payment processing is carried out via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter "mollie"). The individual payment methods offered via mollie are communicated to the Customer in the Seller's online shop. For the processing of payments, mollie may use other payment services, for which special payment conditions may apply, to which the Customer may be separately pointed out. Further information about "mollie" can be found on the internet at https://www.mollie.com/de/.
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5) Delivery and Shipping Conditions
5.1 If the Seller offers the dispatch of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided
by the Customer unless otherwise agreed. During the processing of the transaction, the delivery address specified in the order processing of the Seller shall be decisive. Deviating from this, when selecting the payment method PayPal, the delivery address stored with PayPal at the time of payment shall be decisive.
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5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply in relation to the costs of the dispatch if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the provisions set out in the Seller's withdrawal policy shall apply.
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5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the Customer or a person entitled to receive the goods upon delivery. Contrary to this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer already as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment with the execution and the Seller has not previously named this person or institution to the Customer.
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5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be reimbursed immediately.
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5.5 Self-collection is not possible for logistical reasons.
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6) Duration and Termination of Subscription Contracts
6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the Customer at the end of each month.
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6.2 The right to extraordinary termination for good cause remains unaffected. A good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, considering all the circumstances of the individual case and weighing the interests of both parties.
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6.3 Terminations must be made in writing or text form (e.g., by email).
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7) Retention of Title
If the Seller provides advance performance, the Seller retains title to the delivered goods until full payment of the purchase price owed.
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8) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:
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8.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- the limitation period for defects in new goods is one year from the delivery of the goods;
- the rights and claims for defects in used goods are excluded;
- the limitation period does not start again if a replacement delivery is made within the scope of the liability for defects.
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8.2 The above-mentioned liability limitations and reductions of periods do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- if the Seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- for an existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
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8.3 In addition, the statutory limitation periods for a possible statutory recourse claim remain unaffected for entrepreneurs.
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8.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial inspection and notification obligation in accordance with Section 377 HGB. If the Customer fails to comply with the reporting obligations regulated therein, the goods shall be deemed approved.
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8.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damages and to inform the Seller about this. If the Customer does not comply with this, this has no effect on their statutory or contractual claims for defects.
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9) Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the Seller within the scope of promotions with a certain validity period and which the Customer cannot purchase (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
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9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.
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9.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
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9.4 Several Promotional Vouchers can also be redeemed for one order.
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9.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
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9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
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9.7 The balance of a Promotional Voucher will neither be paid out in cash nor interest-bearing.
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9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
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9.9 The Promotional Voucher is intended for use by the person named on it. The transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled but not obliged to check the material entitlement of the respective voucher holder.
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10) Applicable Law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
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11) Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has their seat outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the above cases, however, the Seller is entitled in any case to call the court at the Customer's place of business.
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12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
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12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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